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The Registers of Scotland (Fees) Amendment Order 2021

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This is a draft item of legislation and has not yet been made as a Scottish Statutory Instrument.

Draft Order laid before the Scottish Parliament under section 116(3)(l) of the Land Registration etc. (Scotland) Act 2012 for approval by resolution of the Scottish Parliament.

Draft Scottish Statutory Instruments

2021 No.

Registers And Records

The Registers of Scotland (Fees) Amendment Order 2021

Made

2021

Coming into force

1st April 2021

The Scottish Ministers make the following Order in exercise of the powers conferred by section 110 of the Land Registration etc. (Scotland) Act 2012(1) and all other powers enabling them to do so.

In accordance with section 110(3) of that Act, the Scottish Ministers have consulted the Keeper of the Registers of Scotland about (among other things), the expenses incurred by the Keeper in relation to the matters specified in section 110(3)(a) and (b) of that Act, and the desirability of encouraging registering, recording and entering in any register under the management and control of the Keeper.

In accordance with section 116(3)(1) of the Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement

1.—(1) This Order may be cited as the Registers of Scotland (Fees) Amendment Order 2021.

(2) This Order comes into force on 1 April 2021.

Amendment of the Registers of Scotland (Fees) Order 2014

2.—(1) The Registers of Scotland (Fees) Order 2014(2) is amended as follows.

(2) In article 2(1) (interpretation), for the definition of “ARTL system” substitute—

“digital registration system” has the same meaning as in regulation 1(2) (interpretation) of the Land Register of Scotland (Automated Registration) etc. Regulations 2014(3),.

(3) Schedule 1 is amended in accordance with paragraphs (4) to (13).

(4) In paragraph 1(3)(a)(ii) (applications for deeds (other than heritable securities) and voluntary registration), for “ARTL system” substitute “digital registration system”.

(5) In paragraph 2 (heritable securities), for sub-paragraphs (a) and (b) substitute—

(a)£80 for each title sheet affected, or

(b)where an application may be, and is, made using the digital registration system, £60 for each title sheet affected.

(6) In paragraph 3 (related fees and services)—

(a)omit sub-paragraphs (1) to 1(A),

(b)in sub-paragraph (2), for “£10” substitute “£20”

(c)in sub-paragraph (3), for “£60” substitute “£80”, and

(d)in sub-paragraph (4), for “£60” substitute ”£80”.

(7) In paragraph 6 (recording by memorandum), for “£60” substitute “£80”.

(8) In paragraph 7 (additional extract or plain copy), for “£10” substitute “£20”.

(9) For paragraph 9 (other deeds) substitute—

9.  Where an application for registration is made under section 21 of the Act, or for recording in the Register of Sasines, or other deeds not referred to in Parts 1 and 2 of this schedule, the fee is £80 for each title sheet affected or each deed recorded..

(10) For paragraph 10 (dual registration) substitute—

10.  Where an application for registration under section 21 of the Act or for recording a deed in the Register of Sasines comprises an application for dual registration or an application for variation of a title condition and no fee is provided in respect of such application in Parts 1 and 2 of this schedule, the fee is £80 in respect of that application plus £80 for every title sheet other than the first affected by that application and for each deed recorded..

(11) For the table of fees in Part 3 substitute—

Table of Fees

Column 1Column 2Column 3Column 4Column 5
Consideration paid or value £Fee £Former Fee £Voluntary registration Fee £Former Voluntary Registration Fee £
0 - 50,000080606045
50,001 - 100,00014012011090
100,001 – 150,000260240200180
150,001 – 200,000400360300270
200,001 – 300,000530480400360
300,001 – 500,000660600500450
500,001 – 700,000800720600540
700,001 - 1,000,000930840700630
1,000,001 – 2,000,0001,1001,000830750
2,000,001 – 3,000,0003,3003,0002,4802,250
3,000,001 – 5,000,0005,5005,0004,1303,750
5,000,001 or more8,2507,5006,1905,625

(12) For the table in Part 4 (the Chancery and Judicial Registers) substitute—

Registration Fees
RegisterProduct/ServiceFeeFormer fee
Register of InhibitionsFor each document£25£15
Register of Deeds and Probative Writs in the Books of Council and SessionFor each document (including first extract)£20£10
Register of ProtestsFor each document (including first extract)£20£10
Register of JudgmentsFor each document (including first extract)£20£10
Register of the Great SealFor a charter of incorporation£260£250
For a commission£640£630
Register of the Cachet SealFor each impression£40£30
Register of the Quarter SealFor each gift of ultimus haeres or bona vacantia£140£130
AllWhen a document is being registered, an additional extract or plain copy requested at the date of the application for registration£20 plus VAT£10 plus VAT
NoneFor each certificate issued under the Civil Jurisdiction and Judgments Act 1982£40£30

(13) For the table in Part 7 (fees for access to a register under the management and control of the Keeper and information made available by the Keeper) substitute—

RegisterProduct/ServiceFeeFormer Fee
Land Register and Register of SasinesSearch conducted by the Keeper on behalf of a person over one full address including postage, per result (including one plain copy), including nil return£30 plus VAT£20 plus VAT
All registers under the management and control of the KeeperSearch conducted by a person through the Registers of Scotland online system (including one title sheet)£3 plus VAT_
Registers under the management and control of the Keeper (under exception of the Land Register and Register of Sasines)Request for inspection of a register in respect of one entry (including response)£30 plus VAT_
Land RegisterExtract of—£35 plus VAT£30 plus VAT

Title sheet and part of the cadastral map

Title sheet

Part of a title sheet

Part of cadastral map

Document from the archive record

Application

Advance notice

Document in the application record

Part of document in application record

Certified copy of—

Application

Advance Notice

Document in the application record

Part of document in application record

Land RegisterPlain copy of—£25 plus VAT£16 plus VAT

Title sheet and part of the cadastral map

Title sheet

Part of a title sheet

Part of cadastral map

Document from the archive record

Part of document from the archive record

Application

Advance notice

Document in the application record

Part of document in application record

Register of SasinesExtract of recorded deed£35 plus VAT£30 plus VAT
Register of SasinesPlain copy of recorded deed£25 plus VAT£16 plus VAT
Register of Judgments, Register of Deeds and Register of ProtestsExtract of registered deed£35 plus VAT_
Register of Inhibitions, Register of Judgments, Register of Deeds and Register of ProtestsPlain copy of registered deed£35 plus VAT_
Crofting Register

Office copy of a registration schedule of a croft, common grazing or land held runrig

Information provided by the Keeper regarding the suitability of an applicant’s map for registration purposes in the Crofting Register

£35 plus VAT£30 plus VAT
Crofting Register

Plain copy of a registration schedule of a croft, common grazing or land held runrig

Copy of an Ordnance Survey map supplied for the purpose of registration in the Crofting Register

£25 plus VAT£16 plus VAT
Register of Community Interests in Land

Extract of registration

Plan (colour)

£35 plus VAT£30 plus VAT
Register of Community Interests in LandPlain copy of registration Plan (black and white)£25 plus VAT£16 plus VAT

Name

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

Date

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends certain fees payable in relation to registering, recording or entering in registers under the management and control of the Keeper of the Registers of Scotland, access to those registers and information made available by the Keeper.

Article 2 amends the Registers of Scotland (Fees) Order 2014 (“the 2014 Order”).

Paragraphs (2) and (4) makes minor consequential amendments to update the definition of “ARTL system”.

Paragraph (5) amends the fee charged for registration in respect of a heritable security from £60 to £80, or £60 where the digital registration system is used.

Paragraph (6) amends the fees payable as follows:—

  • There is no longer a fee for rejection under section 31(3) of the Act or for withdrawal under section 34(1)(a) of the Act.

  • Where an application is made for an advance notice under 57(1) of the Act or an application for a discharge of an advance notice under section 63(1) of the Act is increased to £20.

  • Where an application is made to make an entry in, or remove an entry from a title sheet under section 67(3), 69(2), 70(2), (71(2) or 72 of the Act, the fee is increased to £80.

  • Where an application is made to request the Keeper to vary warrant under section 76(2) of the Act, the fee is increased to £80.

Paragraph (7) amends the fee charged for any writ presented in the Register of Sasines for recording by memorandum from £60 to £80.

Paragraph (8) amends the fee charged, where a deed is being recorded, for an additional extract or plain copy from £10 plus VAT to £20 plus VAT.

Paragraph (9) amends the fee charged where an application is made under section 21 of the Act, or for recording in the Register of Sasines of deeds not referred to in parts 1 and 2 of the schedule to the 2014 Order. The lower fee for application using the digital registration system is removed.

Paragraph (10) amends the fees for dual registration. The table of fees in Part 3 of the schedule is amended by paragraph (11). The fee for an application where the table is not applicable is £80 for each title sheet or each deed recorded. The fees charged for voluntary registration continue to be lower than fees charged for standard registration.

Paragraph (12) amends the fees charged in connection with the Chancery and Judicial Registers.

Paragraph (13) amends the fees for access to a register under the management and control of the Keeper and information made available by the Keeper.

A Business Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. A copy can be viewed at https://www.ros.gov.uk/about/publications/consultations-and-surveys/2020/fee-review-2020.

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